RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

IV C H A P T E R F O U RSTATUTE OF LIMITATIONS

Criminal Offences not subject to the Statute of LimitationsArticle 19

Criminal prosecution and execution of a sentence are not subject to the statute of limitations for criminal offences of genocide, crimes against humanity and war crimes, or for other criminal offences that, pursuant to international law, are not subject to the statute of limitations.

(1) Whoever in violation of rules of international law in time of war, armed conflict or occupation, orders or perpetrates any of the following acts: a) Attack on civilian population, settlement, individual civilians or persons unable to fight, which results in the death, grave bodily injuries or serious damaging of people’s health; b) Attack without selecting a target, by which civilian population is harmed; c) Killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation, immense suffering or violation of bodily integrity or health; d) Dislocation or displacement or forced conversion to another nationality or religion; e) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution, application of measures of intimidation and terror, taking of hostages, imposing collective punishment, unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial, forcible service in the armed forces of enemy’s army or in its intelligence service or administration; f) Forced labour, starvation of the population, property confiscation, pillaging, illegal and self-willed destruction and stealing on large scale of property that is not justified by military needs, taking an illegal and disproportionate contribution or requisition, devaluation of domestic money or the unlawful issuance of money, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whomever in violation of rules of international law, in the time of war, armed conflict or occupation, orders or perpetrates any of the following acts:a) Attack against objects specifically protected by the international law, as well as objects and facilities with dangerous power, such as dams, embankments and nuclear power stations; b) Targeting indiscriminately of civilian objects which are under specific protection of international law, of non-defended places and of demilitarised zone; c) Long-lasting and large-scale environment devastation, which may be detrimental to the health or survival of the population.

(3) Whoever in violation of the rules of international law applicable in the time of war, armed conflict or occupation, orders or carries out as an occupier the resettlement of parts of his civilian population into the occupied territory, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

War Crimes against the Wounded and SickArticle 174

Whoever, in violation of the rules of international law in the time of war or armed conflict, orders or perpetrates in regard to wounded, sick, shipwrecked persons, medical personnel or clergy, any of the following acts:a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation; b) Causing of great suffering or serious injury to bodily integrity or health; c) Unlawful and arbitrary destruction or large-scale appropriation of material, means of medical transport and stocks of medical facilities or units which is not justified by military needs, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

War Crimes against Prisoners of WarArticle 175

Whoever, in violation of the rules of international law, orders or perpetrates in regard to prisoners of war any of the following acts:a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation; b) Causing of great suffering or serious injury to bodily integrity or health; c) Compulsive enlistment into the armed forces of an enemy power, or deprivation of the right to a fair and impartial trial, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(1) Whoever in violation of the rules of international law in the time of war or armed conflict kills or wounds an enemy who has laid down arms or unconditionally surrendered or has no means for the defence,shall be punished by imprisonment for a term between one and ten years. (2) If the killing referred to in paragraph 1 of this Article has been perpetrated in a cruel or insidious way, out of greed or from other low motives, or if more persons have been killed, the perpetratorshall be punished by imprisonment for a term not less than ten years or long-term imprisonment. (3) Whoever, in violation of the rules of international law at the time of war or armed conflict, orders that there be no surviving enemy soldiers in a fight, or whoever fights against the enemy on such basis, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(1) Whoever orders the unlawful appropriation of belongings from the killed or wounded on battlefield, or who carries out such appropriation,shall be punished by imprisonment for a term between six months and five years.(2) If the criminal offence referred to in paragraph 1 of this Article has been perpetrated in a cruel manner, the perpetratorshall be punished by imprisonment for a term between one and ten years .

(1) Whoever in time of war or armed conflict orders the violation of laws and practices of warfare, or whoever violates them,shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.(2) Violations of laws and practices of warfare referred to in paragraph 1 of this Article shall include:a) Use of poison gases or other lethal substances or agents with the aim to cause unnecessary suffering; b) Ruthless demolition of cities, settlements or villages or devastation or ravaging not justified by military needs; c) Attack or bombarding by any means of undefended cities, villages, residences or buildings; d) Confiscation, destruction or deliberate damaging of establishments devoted to for religious, charitable or educational purposes, science and art; historical monuments and scientific and artistic work; e) Plundering and looting of public and private property.

Violating the Protection Granted to Bearers of Flags of TruceArticle 181

Whoever in violation of the rules of international law in time of war or armed conflict insults, maltreats or detains the bearer of the flag of truce or his escort, or prevents them from returning, or in any other way violates their privilege of inviolability,shall be punished by imprisonment for a term between six months and five years .

Whoever, in violation of the rules of international law, after the termination of a war or armed conflict, orders or conducts an unjustifiable delay in the repatriation of prisoners of war or civilians,shall be punished by imprisonment for a term between six months and five years.

(1) Whoever, in violation of the rules of international law at the time of war or armed conflict, destroys cultural, historical or religious monuments, buildings or establishments devoted to science, art, education, humanitarian or religious purpose,shall be punished by imprisonment for a term between one and ten years.(2) If a clearly distinguishable object, which has been under special protection of the international law as people’s cultural and spiritual heritage, has been destroyed by the criminal offence referred to in paragraph 1 of this Code, the perpetratorshall be punished by imprisonment for a term not less than five years.

Misuse of International EmblemsArticle 184

(1) Whoever misuses or carries without authorisation the flag or emblem of the Organisation of the United Nations, or the emblem or flags of the Red Cross, or symbols corresponding to them, or any other international symbols recognised as the protection of certain objects from military operations,shall be punished by a fine or imprisonment for a term not exceeding three years.(2) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article during a state of war or imminent war danger,shall be punished by imprisonment for a term between six months and five years.

RELEVANT ROME STATUTE PROVISIONS

Article 5Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statutewith respect to the following crimes:(c) War crimes

Article 8War crimes1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.2. For the purpose of this Statute, "war crimes" means:(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:(i) Wilful killing;(ii) Torture or inhuman treatment, including biological experiments;(iii) Wilfully causing great suffering, or serious injury to body or health;(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;(vii) Unlawful deportation or transfer or unlawful confinement;(viii) Taking of hostages.(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;(xii) Declaring that no quarter will be given;(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;(xvi) Pillaging a town or place, even when taken by assault;(xvii) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(iii) Taking of hostages;(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;(v) Pillaging a town or place, even when taken by assault;(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;(ix) Killing or wounding treacherously a combatant adversary;(x) Declaring that no quarter will be given;(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.